If an EB-5 investors submits their I-485 simultaneously for adjustment of status, can they still hold their B1/B2 status? Can the dependents attend public school in that case?
Answers
Phuong Le
Find an EB-5 Visa Lawyer: Immigration AttorneyNo, once you file your AOS, your status is now "pending adjustment of status." This will allow you to legally stay in the US (including enrolling your children in school). Please note that you should not travel outside the US until you receive your AP card though.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyB-1/B-2 dependents may not attend school but once the I-485 for each is on file, then they can. The status is inconsistent with applying for permanent residency.
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you have a pending I-485 application, once your B-2 status expires (I-94 admission date) you will be in the U.S. in a period of authorized stay pursuant to your pending I-485. Your children can study in the U.S. based on this period of authorized stay but not when they are still in B-2 status.
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